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180.07 (1) If the military judge is satisfied that the record or a part of the record is likely relevant to an issue at trial or to the competence of a witness to testify and that its production is necessary in the interests of military justice, the military judge may order that the record or the part of the record, as the case may be, be produced to the accused person, subject to any conditions that may be imposed under subsection (3).
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Marginal note:Factors to be considered
(2) In determining whether to make the order, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates and, in particular, the military judge shall take the factors specified in paragraphs 180.05(2)(a) to (h) into account.
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Marginal note:Conditions on production
(3) The military judge who orders the production of the record or a part of the record to the accused person, may impose conditions on the production to protect the interests of military justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record relates, including the following conditions:
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(a) the record is to be edited as directed by the military judge;
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(b) a copy of the record, rather than the original, is to be produced;
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(c) the accused person and counsel for the accused person are not to disclose the contents of the record to any other person, except with the approval of the military judge;
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(d) the record is to be viewed only at a location specified by the military judge;
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(e) no copies of the record are to be made or only the number of copies specified by the military judge may be made; and
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(f) information regarding any person named in the record, such as their address, telephone number and place of employment, is to be severed from the record.
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Marginal note:Copy to prosecutor
(4) If the military judge orders the production of the record or a part of the record to the accused person, the military judge shall direct that a copy of the record or the part of the record, as the case may be, be provided to the prosecutor, unless the military judge determines that it is not in the interests of military justice to do so.
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Marginal note:Record not used in other proceedings
(5) The record or the part of the record that is produced to the accused person under an order made under subsection (1) must not be used in any other disciplinary, criminal, civil or administrative proceedings.
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Marginal note:Retention of record by court
(6) If the military judge refuses to order the production of the record or a part of the record to the accused person, the record or the part of the record, as the case may be, must, unless the military judge orders otherwise, be kept by the military judge in a sealed package until the later of the expiry of the time for any appeal and the completion of any appeal in the proceedings against the accused person, at which time the record or the part of the record must be returned to the person lawfully entitled to possession or control of it.
